THURAVOOR SERVICE CO OPERATIVE BANK LTD. Vs. JOINT REGISTRAR OF CO OPERATIVE SOCIETIES ERNAKULAM CIVIL STATION, KAKKNAD

JUDGEMENT

(1.) This writ appeal is directed against the judgment dated 2/12/2020 in W.P.(C) No.20210 of 2020. The appellant is the petitioner in the writ petition.

(2.) The appellant is a Primary Agricultural Credit Society (the Society), a co-operative society registered under the Kerala Co-operative Societies Act, 1969 (the Act). The last election to the managing committee of the Society took place on 06.05.2018 and the managing committee elected on 10/5/2018 is therefore entitled to continue in office till 9/5/2023. During 2020, on the basis of a complaint lodged by the fourth respondent and a few others, the first respondent, the jurisdictional Joint Registrar of Co-operative Societies, directed the second respondent to inspect the books of the Society under Sec. 66(2) of the Act. Later, on the basis of the report of the said inspection, the Joint Registrar issued Ext.P4 notice calling upon the managing committee of the Society to show cause why they shall not be superseded under Sec. 32(1)(c) of the Act. Ext.P4 notice was challenged by the appellant in the writ petition mainly on the ground that the power under Sec. 32(1) of the Act cannot be invoked on the basis of a report of inspection under Sec. 66(2). The learned Single Judge dismissed the writ petition in limine, placing reliance on the decision of this Court in Krishnan Nair v. Joint Registrar of Co-operative Societies, 2014 (1) KLT 116. The appellant is aggrieved by the said decision of the learned Single Judge. Hence, this appeal.

(3.) Heard the learned counsel for the appellant as also the learned Government Pleader.